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Terms & Conditions

These Terms & Conditions apply to any customers placing orders online or via the telephone:

1. Payment and Ownership of Goods

1.1. We accept payment by Visa, Delta, Maestro, and MasterCard.

1.2. Voice Mobile Ltd ( we or us ) will only debit any credit/debit card when securing goods to be despatched. The bank may 'hold' or 'allocate' the funds for the transaction.

In these terms & conditions of Business: - "Goods" means goods or products offered for sale to the customer ( the “customer” or “you” by us. "Goods" also means mobile phones that are discounted or supplied free with monthly paid contracts.

1.3."Promotional Product" means an item or product offered free of charge with goods that have been supplied and paid for, or discounted to free.

1.4. Goods and promotional products supplied by us remain our property until the goods are paid for in full. If the payment is declined by the bank or cheque issuer, whether before, or after, dispatch of the goods, we will treat the order as cancelled. If the goods and promotional products have been dispatched we may:-

a) Require the return of goods and the promotional products to us in a resalable condition within 14 days,

OR

b) Require payment in full by satisfactory alternative means within 14 days.

1.5. Any claim or obligation under this clause is without prejudice to our rights under Clause 14 of these terms & conditions of the Business.

1.6. We use an AVS checking system to verify credit card details when we take a payment from you. If your order does not occur an upfront cost, such as an upfront handset cost for example, we still continue to do a security AVS check, just to verify your details. There is a zero charge for this check, you will not be debited. After this transaction has complete, we shall then take the payment for the handset or any other items in the basket that require payment. If none of these require payment, no payment will be taken.

1.7. Failure to make payments in full and on time may result in your account being passed to a debt recovery agency. The customer understands they are liable for all legal and debt recovery costs, should such action occur.

2. Placing an Order & Stock Availability

2.1. All items offered on are subject to availability. We shall update you via text when an order is out of stock. If an item ordered is out of stock we will notify the customer within three working days of the order being placed.

2.2. Orders for any of our products can be placed via our Secure Online Server, or by telephoning our Sales Team.

2.3. All required fields and sections of our order forms must be completed with the correct information.

2.4. We aim to process and dispatch all orders as quickly as possible - usually within two working days providing we have all the necessary information and the line is eligible to proceed with the connection. Business orders may take longer due to verification and credit checking processes.

2.5. All orders are checked by our Order Verifying Team for the security of both the customer and Voice Mobile. Our Order Verifying Team or the mobile phone network may request proof of address and/or proof of identification from customers before an order can be processed. If this is the case we will contact these customers giving full details of what is required.

2.6. If payment for an order is made by credit or debit card we may carry out checks or "authorisations" with the card issuer for security reasons. If any problems occur with the authorisation of a credit or debit card we will contact the customer for further details.

2.7. All applications for a pay monthly mobile phone "contract" are subject to a credit check - the mobile phone network may in some cases ask for a security deposit to be paid by the applicant before a connection can be made. The network may also decline your application in certain instances. If either of these occurs we will contact you and advise you of the situation as soon as it arises.

2.8. Complications caused by any of the above in Clauses 1.3 - 1.5 may cause a delay in the processing and dispatch of your order.

2.9. To protect against fraud and at the discretion of Voice Mobile, customers may be restricted to the number of purchases they can make in any period.

2.10. We ask you where you heard about us on our websites (Select Referrer?) as our offers are often tailored to a specific trade body or organisation and as such we are required to report those bodies on the performance of their marketing and any commercial arrangements they may have with us.

3. Website Accuracy

3.1. Our website production & design team work extremely hard to ensure our website is as accurate as possible and in order to achieve that our website is updated regularly.

3.2. We cannot however guarantee the accuracy of information supplied, especially aspects like product specifications, network tariffs, call charges, special offers and promotions which may change without prior notice, before or after you have placed your order with us.

3.3. Pictures of products are a representation only and should be used just as a guide. Specifications and/or colours of products may change/vary without prior notice before or after you have placed your order with us.

4. Product Warranty

4.1. All mobile devices come with a 12-month manufacturer’s warranty, apart from a pre-owned product that has no warranty.

4.2. If you incur a problem with your mobile phone you will need to contact the manufacturer in relation to exchange. This warranty does not affect a customer's statutory rights which cannot be excluded or restricted by law.

4.3. Additional insurance for mobile phone handsets maybe available at an extra cost on certain products. We do advise that customers consider taking this "Insurance" wherever possible. This can also be purchased at point of sale with Voice Mobile Ltd, within 6 months of purchase.

5. Delivery of Your New Phone and Tariff

5.1. All orders placed come with a standard Monday - Friday free delivery. If Saturday delivery is requested by the customer, there is a £10.00 charge to do so.

5.2. Delivery will be made to the address that your mobile phone and credit card is registered to.

5.3. When the order is ready for dispatch the customer will be contacted via text by our dispatch team to confirm the delivery date, consignment number an website to track order.

5.4. All deliveries are subject to stock availability at the time of order confirmation.

5.5. Delivery of the contract mobile phone is subject to the customer passing security, identification and network credit checks.

5.6. Voice Mobile Ltd cannot be held responsible for any delivery delays with any courier used. Delivery is subject to the availability of the delivery service.

5.7. Delivery times may vary for non-mainland and Highlands deliveries.

5.8. Delivery suppliers will attempt delivery once and leave a calling card if delivery is unsuccessful. In the event of an unsuccessful delivery your parcel will then be available for collection from a depot, warehouse or other depository. If the delivery has not been arranged for collection or re-delivery within 48hours the parcel will then be returned to us. In this occurrence a charge of £12.00 for re-delivery will be incurred. Re-delivery should be arranged by contacting our customer experience team.

5.9. It is the customer's responsibility to check all correspondence is correct, sign any documentation required and notify us of any errors within five working days.

6. Privacy of Information

6.1. Any information collected by Voice Mobile Ltd, including that gathered at the time of ordering/registration is collected lawfully and in accordance with the all UK Privacy Laws. Voice Mobile Ltd are the data controller.

6.2. We may share your information with other providers to carry out services on your behalf. Other providers include our insurance provider, credit bureaus, card payment processors and Identity Verification providers. Although your information may be shared, we still control your personal information and we have strict controls in place to make sure it’s properly protected.

6.3. We will not sell, distribute or lease your personal information to third parties unless required by law to do so. As detailed above the information is only shared with providers in which we partner with to be able to process your order request. You may request details of personal information which we hold about you, under the legislation of the latest Protection and Privacy Acts. Please contact in any method listed above to obtain this information. You may also contact if you believe that any information we are holding on you is incorrect or incomplete.

6.4. The customer is in agreement that we may use personal information provided in order to conduct appropriate anti-fraud checks. Personal information that is provided by the customer may be disclosed to a credit reference or fraud prevention agency and relevant authorities, which may keep a record of that information.

6.5. If you wish to opt out of any marketing or contact from ourselves, this can be done so using any of the following methods. By email, customerservices@voicemobile.co.uk by calling 0121 748 8484 or by writing to Voice Mobile Ltd, 220 Chester Street, Aston, Birmingham, B6 4AH. If you wish to opt out of SMS contact only, you can also text Optout END to 87007. If you wish to opt out of email contact only, there is an opt-out option on any marketing email you receive from us. Remember if you do select to opt out of any contact detailed above, you risk losing the great benefits and offers personalised for you.

7.1. Unless we indicate otherwise, all prices stated include VAT and delivery to mainland United Kingdom (excluding Eire). Errors and Omissions are accepted.

8. Mobile Phone Contract Connections and SIM Card Connections

8.1. All mobile phone contracts are subject to the minimum contract term agreed between us. All contract connections are subject to status and acceptance by the Network concerned to United Kingdom residents aged 18 years or over. Contract upgrades are also subject to a further minimum term contract term.

8.2. A credit check will be carried out by the network/provider prior to connection using the information supplied by the applicant. We will always advise the applicant of any negative credit assessments and connection refusals. Voice Mobile Ltd cannot be held responsible for the result of any credit assessments or for any delays caused by insufficient or incorrect information being supplied by the applicant. See also Clause 1.7.

8.3. By accepting an early upgrade the customer is accepting the length of time remaining in the contract will be added to the minimum term of the new service agreement and any required additional early upgrade fees will be paid by you.

9. Returning or Exchanging Products

9.1. If for any reason you wish to return a product, please email our returns team at: returns@voicemobile.co.uk You must detail the following:

• Your order number

• Full name

• Whether you wish to cancel or exchange

• The reason for the return or exchange

• The IMEI of the device (which can be found on the outside of the box)

One of our team will be in touch within 48 hours to confirm your return and arrange the collection. Please note that any free gift or accessories must be returned at the same time.

9.2. If you are cancelling your order, all products must arrive back to Voice Mobile Ltd within 14 days of their despatch. We will not accept any returns for cancellation outside of this period.

9.3. Any damage to the device during transit must be notified to Voice Mobile Ltd on the day of delivery. Any claims made after this will not be valid.

9.4. By submitting a return request to the above email, you are agreeing to the below return terms, detailed in clauses 9.5 – 9.10.

9.5. It is the customer's responsibility for the safe return of all goods. Any device that displays usage or damage will not qualify for a 14 day return. All items returned under our 14 day return policy (i.e. non-faulty) must be returned as they were received; in their original packaging with no damage to the box, the original screen protector still intact and all contents included. None of the accessories can have been used and a sim must not have been inserted into the device.

9.6. Refunds will not be given if any cancelled order is returned outside of 14 day return period or is in any other condition than as stated in clause 9.5. Such returns will be rejected by our returns team and sent back out to the customer deemed as unreturnable. Please note you will be liable for the full duration of the contract you agreed to.

9.7. Goods that become faulty within the first 30 days of connection qualify for an exchange via Voice Mobile Ltd. You are to notify Voice Mobile Ltd via the same method described in clause 9.1. The faulty items must be returned to us with their original packaging, no damage to the box, full contents included and all accessories. Any accounts set up on the device (i.e. iCloud, Google accounts) must be removed prior to return. For Apple devices Find my iPhone must be removed from the device along with all other passcode locked applications where possible. If this is not the case the handset will be returned back to you. If you need any support removing your personal data from the device, please contact the Voice Mobile customer service team on 01217488484 who will be able to assist. If accidental damage is detected on the device upon receipt, you will be held liable for the full cost of the handset.

9.8. For all Apple products, terms and conditions are available at http://www.apple.com/uk/legal, find your nearest Apple store at http://www.apple.com/uk/retail.

9.9. A collection fee of £4.99 will be charged for any return/cancellation.

9.10.Please refer to your order ‘‘confirmation email’’ for full details of your tariff information. If you need another copy of this, please contact us directly.

10. Returning Contract Connections and Contract SIM Connections

10.1. If a customer is dissatisfied with any contract connections or contract sim connections, this must be returned back to Voice Mobile Ltd within 14 days of connection. In all cases the day the handset/sim is connected by Voice Mobile Ltd is classed as day one of your contract.

11. Your Legal Rights as a Consumer

11.1. These terms & conditions do not affect any of your statutory rights, which cannot be excluded or restricted by law.

12. Complaints

12.1. If customers have cause for complaint regarding any service or product provided by Voice Mobile Ltd they are to email full details to customerservices@voicemobile.co.uk

12.2. We endeavour to respond to all complaints within two working days and aim to resolve any problems as quickly as possible.

13. Mobile Number Portability

13.1. Should a mobile number transfer be delayed after our initial setting up procedure with the relevant network, we cannot be held responsible for any further delay as the mobile number transfer is then totally the responsibility of the two networks and/or service providers involved.

13.2. If a customer’s mobile number transfer spans over two separate calendar months, we cannot be held responsible for any tariff or line rental changes imposed by the mobile phone networks and service providers.

13.3. We cannot be held responsible for; any additional network or call charges; any loss or damage as a result of a delay in the processing of the port; an inability to port the customer's number; if the PAC code expires before connection. If we find the PAC code has expired when it comes to connection we will notify the customer.

14. Minimum Contract Term and Early Termination of Air Time Contracts / Changing of Tariffs

14.1. Our offers with monthly contract phones and packages are subject to the minimum contract term agreed by you. Upon expiry of the minimum contract term the contract will continue to run on a rolling basis until you give us 90 days (business customers) or 30 days (consumers) written notice to terminate the contract. Your written notice may be given before the minimum term expires but it will not take effect until on or after expiry of the minimum contract term.

14.2. Mobile contract phones and packages are completely dependent on the tariff and minimum contract term selected by you, therefore:-

14.2.1. If you disconnect from the network or otherwise terminate the contract within the minimum contract term for any reason, you will be liable to discharge the following costs (to the extent that they apply to your tariff):

a) The minimum cost of your handset; plus

b) The line rental due for the remainder of the minimum contract term; plus

c) A proportionate reimbursement for any free gifts and/or cashback received by you; plus

d) An amount equivalent to your average monthly contract overspend for the remainder of the minimum contract term; plus

e) Any additional charges or costs incurred by us and/or your network provider as a result of the contract coming to an end early, such as administration costs and loss of income for the remainder of the minimum contract term.

14.2.2. In the event that any sums due to us on your account are outstanding and become overdue we reserve the right to refer the matter to our debt collection agency, which will incur additional costs, to be payable by you. Any costs incurred to collect the debt will be added to your debt balance, plus VAT at the prevailing rate. You agree that you will be legally liable to pay us these additional costs, and that recovery of same can be enforced against you in court or by other formal debt recovery action.

14.2.3. Disconnections arising during the initial 14 day cancellation period are the only exceptions to the above clauses 14.2.1 and 14.2.2.

14.2.4. In the event that you downgrade your tariff at any point during the minimum term of your contact. , we reserve the rightto invoice you for any outstanding sums connected with the remaining period of the minimum term (as set out in clause 14.2.1 above). This will be calculated upon change of tariff, plus VAT, per handset. The charge will be dependent on the tariff selected at the time of the downgrade. A downgrade within the minimum contract term will also result in an adjustment of any outstanding cash back due to you.

14.2.5. It is important to note that some networks and service providers will not allow downgrades of tariff during a customer's contract. It is in your interests to select the tariff that is most suitable for your needs at the beginning of a contract, to avoid any tariff downgrades becoming necessary during the term of the contract.

14.2.6. If you choose to 'buy-out' the remaining minimum term on your contract and bring the contract to an end early by paying the value of the remaining line rental and any other sums payable (as detailed in clause 14.2.1 above), you accept that you may no longer be eligible to claim any redeemable offers from Voice Mobile Ltd.

14.2.7. In the event that you are disconnected from the network for any reason within the minimum term of the contract, or if you default on payment, you accept that you will no longer be entitled to any redeemable offer or cash back from Voice Mobile.

14.3. Disconnections arising during the initial 14 day period are the only exceptions to the above clause 14.2.

15. Ordering

15.1. We aim to give the most accurate and up to date information available when taking telephone orders. Voice Mobile Ltd cannot however be held responsible for networks, service providers, manufacturers and their distributors changing specifications, terms & conditions and offers.

15.2. Having read our terms & conditions, it is the responsibility of the customer to check the appropriate network and service provider Terms & Conditions and charges to ensure they are completely satisfied.

15.3. By ordering over the telephone it is considered that the customer has read and accepted our terms & conditions.

16. Cash Back & Free Gifts

24 month contracts:

16.1. If your deal includes cash back or a line rental discount this will be detailed within the order confirmation email sent after a successfully completed order. The total cash back and line rental discount is divided and claimed in five separate instalments, on specific billed months over the initial duration of the airtime agreement.

Cash back can be claimed on equal payments at month 6, 9, 12, 15 and 18, of the connection or upgrade date. You, the customer, shall need to email a copy of your bill for each claim, we then pay the amount via bank transfer, which shall reach you within 30 days of the request date.

12 month contracts:

16.2. If your deal includes a cash back or a line rental discounts this will be detailed within the order confirmation email sent after successfully completed order. The total cash back and line rental discount is divided and claimed in five separate instalments, on specific billed months over the initial duration of the airtime agreement. Cash back can be claimed on five equal payments at month 4, 6, 8, 10 and 12 billed months of the connection or upgrade date. Your cashback will be paid via a bank transfer, which shall reach you within 30 days of your request.

16.3. All payments to EE must be up to date in order for the cash back to be paid.

16.4. Please note that claims must be made within 60 days from the date shown on the appropriate mobile phone contract bill you send to us.

12 month sim only contracts

16.5. Your cash back will be paid in two instalments at month 6 and 12 via a bank transfer. No bill required to be sent.

16.6. All payments to EE must be up to date in order for the cash back to be paid.

30 day sim only contracts

16.7. Your cashback will be paid by cheque within 30 days after the contract/upgrade start date, NO bill will be required.

17. Buy Back Scheme

17.1. There are two grading’s that we assign to all phones that come to us under the Buy Back scheme; 'Working' and 'Faulty'.

17.1.1. Working - Devices have a good overall condition, with everything working on the device. The device may have small scratches; the bezel may show small scuff marks and the back cover may also have visible scratches. All handsets are complete with a back and a battery.

17.1.2. Faulty – Devices that need any type of repair. Some examples of faults include, but are not exclusive to, the following:

• Cracks (on the LCD front screen or anywhere else on the device)

• Memory card reader/cover faulty

• Keys not working (But can still data wipe the handset)

• Device locked to a code

• Touch screen not working and Software Issues

We offer £50.00 for this grade.

17.1.3. Any phone that is sent to us without a battery, battery cover, Sim tray, stylus, or other components that are physically part of the handset will become a ‘Faulty’ phone.

17.1.4. Faulty Devices will fall under the grade Faulty if it has the following issues: Does not accept charge, does not power on, and does not read Sim card, Keys not working (and unable to data wipe the handset), Major water damage & LCD Faulty.

17.1.5. Any phone that is sent to us in a condition other than described and agreed at point of sale will be automatically re-graded in line with the grade stipulations above, by us. Should the handset be of a lower value after this re-grading, we reserve the right to charge you the difference in value, plus any administration costs.

17.2. Any phone that is returned to us, where the IMEI number has been blocked will be reported to the police. Typically, these phones are stolen, or are the property of a network provider or an insurance company. Any relevant information which we have relating to the customer that police may request in reference to a suspected crime will be handed over.

17.3.We will hold your phone for 14 days from the date of dispatch. See clause 9.5.

17.4. Any data left on the device or memory card, is non-recoverable once we receive the phone. Any SIM card sent back to us will be disposed of when we process the phone.

17.5. Should the phone be unavailable at point of collection for any reason, we reserve the right to charge the customer for the handset value, plus any administration costs, or to withhold the delivery of the new phone, and to charge for re-delivery at a later date.

17.6. Customers who have ordered a mobile phone with a free gift who wish to exercise their 14 day right to cancel under the Consumer Contracts Regulations, must return both their mobile phone handset and their free gift to us within 14 days of receipt. If either of the items are not received within this time period, or when returned are found to obtain customer private locked accounts still activated (e.g. iCloud, Google) then it cannot be accepted as a 14 day cancellation and you will be liable for the full duration of your contract. The customer will also be liable for any usage charges accrued, see 9.11 for Apple iPad information.

17.7. If you use our buyback scheme at Voice Mobile we will be accepting your old handset back as opposed to an upfront handset fee. We will take a deferred payment at point of sale to ensure the old handset comes back within the agreed dates and in the agreed condition ie: Working or faulty. If the handset is returned outside of the time scale or is not in the agreed condition, the money will then be taken from your account.

17.8. If you need any support removing your personal data from the device, please contact the Voice Mobile customer service team on 0121 748 8484 who will be able to assist.

18. Third Party Authorisation (Business customers only)

18.1. By connecting through an Authorised EE Partner, EE will allow us access to your Account to obtain billing information, make changes (with the exception of requesting PAC codes or account closures) and add products/services on your behalf. You will remain responsible for all changes made to your Account including any and all charges which may arise as a result of actions pursuant to this authorisation. EE shall not be liable for any actions taken by EE in fulfilling requests from the Partner. This authority will continue unless you wish to revoke it by emailing thirdparty.opt.out@ee.co.uk

19. Disputes

19.1. In the event of any disputes over these terms and conditions, or for any disputes regarding any other matter, the decisions of Voice mobile Ltd is final